Intervention in Lieu of Conviction or ILC is a program in which an eligible offender charged with a low-level non-violent felony offense, who committed the offense due to drug or alcohol usage or mental illness or intellectual disability, has the opportunity to obtain a dismissal of the charge(s) after completing court-ordered treatment.

Can you participate in ILC if you have a prior record?

If otherwise eligible, a person may participate in ILC so long as he/she has not previously plead guilty to or been convicted of any “felony offense of violence”. If the person has a prior felony conviction that is not an “offense of violence”, the person is still eligible for ILC. A person can still be eligible for ILC in a subsequent qualifying offense, even though the person “has been through” ILC in the past. Ultimately, the judge has the discretion as to whether to grant an Application for ILC for otherwise eligible offenders.

What types of offenses are excluded from participation in ILC?

ILC may be granted subject to the following:

The present offense is notany of the following:

A felony of the 1st, 2nd, or 3rd

An offense of violence.

A violation of divisions (A)(1) or (2) of the Aggravated Vehicular Homicide statute.

A violation of division (A)(1) of the Aggravated Vehicular Assault statute.

An OVI offense.

Any offense for which the sentencing court is required to impose a mandatory prison term.

Trafficking or Aggravated Trafficking in Drugs that is a felony of the 1st, 2nd, 3rd or 4th degree

Possession of Drugs that is a felony of the 1st or 2nd degree

The alleged victim of the offense was not 65 years of age or older, permanently or totally disabled, under 13 years of age, or a peace officer engaged in the officer’s official duties at the time of the offense.

If the person is charged with Tampering with Drugs, the alleged violation did not result in physical harm to any person.

The offender possesses a Commercial Driver’s License, and the present offense would result in the offender being disqualified or subject to any other sanction under Chapter 4506.

Is just having a drug or alcohol problem enough to qualify a person for ILC?

No. The drug or alcohol problem, must be “a factor leading to the criminal offense with which the offender is charged”.

Do I have to plea guilty to participate in ILC?

Yes. The Defendant must admit to guilt to the adult probation department during the screening process and enter a plea of guilty in open court before the trial judge. If you do not wish to plea guilty to the offense, ILC will not be a program that works for you.

Who determines the type of treatment that I receive?

Professionals in the substance abuse or mental health fields assess the Defendant and recommend appropriate treatment to the trial judge.

I have a job and don’t want to do inpatient treatment. Can I still participate in ILC?

Yes. There are a wide variety of treatment options available that can accommodate people who, for some reason or another, cannot participate in residential treatment. Your concerns about inpatient treatment should be mentioned to your attorney, and to the professional performing your ILC evaluation. In some extreme situations, inpatient treatment may be required, even if it is against the Defendant’s wishes.

Can I choose the program that I participate in?

That decision is made by the trial judge. However, if there is a particular program that you would be interested in attending, make that known to the adult probation department during the interview and assessment stages so that they can gather information about the program to determine whether it would satisfy the recommendations of the treatment plan. If you are already in treatment, the trial judge might be willing to allow you to continue that treatment if it appears to be working.

How long does ILC usually last?

Although ILC can last for up to 5 years, many people can satisfy the conditions of ILC within 1 to 1.5 years. The minimum period of time that ILC last is 1 year.

I’m not sure whether I want to fight the case, but I appear to be eligible to participate in ILC. What should I do?

This is always a difficult question when it comes to ILC. You should consult with an attorney to review all of your possible options before deciding to participate in ILC.

What happens when I’ve completed all the conditions of my ILC?

The Court dismisses the case.

What are the steps in pursuing a Motion for ILC?

The defense attorney examines the case and interviews the defendant to determine whether the pending charge are eligible offenses, whether the defendant has prior cases that forbid him/her from participating in ILC, whether drugs, alcohol, mental illness, or intellectual disability were a factor in the pending criminal charges, and whether participating in ILC outweighs going to trial in the matter.

The defense attorney files a motion for ILC with the Court.

The trial judge refers the case to the adult probation department to conduct an investigation and perform assessments on the Defendant and submit a written report to the Court with recommendations regarding the Defendant’s eligibility and participation in the program. The Defendant is directed to meet with the probation department to start the process. The Defendant is given a date 4-6 weeks out to return to Court for the results of the ILC evaluation process.

The Defendant meets with the adult probation department. The adult probation department questions the Defendant about their background, history of substance abuse and/or mental illness, and about the pending offense. If the Defendant denies committing the offense, the Defendant is not permitted to participate in ILC. If the Defendant denies that drugs, alcohol, mental illness, or intellectual disability were a factor in the offense, then the Defendant is not permitted to participate in ILC. If the Defendant is uncooperative or fails to appear at the appointments, then the Defendant will not be permitted to participate in ILC.

The Defendant meets with professionals in the fields of substance abuse or mental health and completes assessments to determine the gravity of the problem and treatment recommendations.

The prosecuting attorney and victim are contacted for their input.

A written report with recommendations are prepared and submitted to the trial judge.

The Defendant and his/her attorney appear in Court. If the Defendant is determined to be eligible, the Defendant pleads guilty to the charges in the Indictment. The Court holds the guilty plea and does not file it. The Court suspends the criminal proceedings and orders the Defendant into ILC, to be supervised by the adult probation department. The Defendant must comply with the rules of probation and the treatment plan adopted by the Court.

If the Defendant completes all the conditions of ILC, the pending charges are dismissed by the Court and the guilty plea is never entered against the Defendant. The Defendant can then immediately file a motion to have his/her record expunged. If the Defendant violates the terms of his/her ILC, then the Defendant is brought back to Court, for a violation hearing on the terms of ILC. If the person is found to have violated the terms of his/her ILC, then his/her prior guilty plea is filed, and the Defendant is officially convicted of the offense. The Court then proceeds to sentencing. At the time of sentencing, all options will be available to the trial court. The Defendant could receive standard community contro/probation, or be sentenced to the Department of Corrections.

ILC can be very beneficial to certain Defendants, but it is not right for everbody. If you are facing criminal charges, or have a question about ILC please contact one of the criminal defense attorneys at Schuh & Goldberg. We will be happy to review your situation, and determine if ILC is appropriate in your case.

tags: ILC;, Intervention in Lieu of Conviction, Diversion, Dismissal]]>New Office Locationhttp://www.schuhgoldberglaw.com/pages/blog/entry/19
Wed, 21 Nov 2018 15:16:48 ESThttp://www.schuhgoldberglaw.com/pages/blog/entry/19We are excited to announce that as of November 28, 2018 our new office location will be

2368 Victory Parkway

Suite 650

Cincinnati, Ohio 45206

All telephone numbers will remain the same.

]]>Having your Criminal Record Sealed in Ohiohttp://www.schuhgoldberglaw.com/pages/blog/entry/18
Fri, 10 Jul 2015 12:52:28 ESThttp://www.schuhgoldberglaw.com/pages/blog/entry/18A person is eligible for expungement who has not more than one felony conviction; not more than two misdemeanor convictiions; or not more than one felony conviction and one misdemeanor conviction.

A person is eligible for expungement who has not more than one felony conviction; not more than two misdemeanor convictions; or not more than one felony conviction and one misdemeanor conviction.

Some offenses such as minor misdemeanors and traffic offenses do not constitute a conviction.

For most people having a criminal conviction on their record can make finding a good job difficult. Fortunately Ohio law does provide for expungment of your criminal record under certain circumstances.

If two criminal offenses are part of the same incident or a continuing course of conduct they may be considered a single offense for purposes of expungement.

Some adult convictions cannot be sealed. Offenses in Ohio that cannot be sealed include any felony of the first or second degree; most misdemeanor and felony convictions where the victim is younger than 18; and violent offenses. Examples of violent offenses include:

Kidnapping

Assault (unless it is a misdemeanor)

Murder

Rape

Robbery

Arson

Sexual battery

Terrorism

Most sexual offenses are not eligible to be sealed, including illegal use of a minor in nudity-oriented material or performance and unlawful sexual conduct with a minor. In addition, several automobile-related offenses cannot be sealed, such as DUI, hit and runs and street racing.

The expungement process can be difficult to understand. If you are interested in having your criminal record expunged call to speak with an attorney at Schuh & Goldberg and schedule your free consultation today.

]]>Search and Seizurehttp://www.schuhgoldberglaw.com/pages/blog/entry/17
Fri, 06 Feb 2015 16:01:24 ESThttp://www.schuhgoldberglaw.com/pages/blog/entry/17 Our Bill of Rights is contained in the first ten Amendments to the United States Constitution. Are some of our protections and rights more important than others? Why are the courts more deferential to certain rights?

For example, we give due respect to the right of free speech and assembly (First Amendment). The right to bear arms is highly regarded (Second Amendment). The several protections, including the right against self-incrimination and in favor of due process of law, are often enforced by the courts (Fifth Amendment). We can confront and subpoena witnesses, and enjoy the right of counsel if accused of a crime (Sixth Amendment).

However, what happened to our right to be free from unreasonable searches and seizures as guaranteed by the Fourth Amendment? The United States Supreme Court recently ruled that it is not unreasonable for a police officer, ignorant of a traffic law, to wrongly pull over and stop a motorist for what he or she mistakenly thought was a violation.

Every one of us is presumed to know the law. Ignorance of the law is not an excuse if you are accused of breaking the law. But a police officer can now be wrong about the law and still legally stop and seize a person, according to the United States Supreme Court.

It seems like the Fourth Amendment, unlike other Amendments, does not matter anymore.

]]>How to Find and Hire the Best Criminal Defense Lawyerhttp://www.schuhgoldberglaw.com/pages/blog/entry/16
Thu, 02 Oct 2014 15:07:09 ESThttp://www.schuhgoldberglaw.com/pages/blog/entry/16Normally, a person desiring to hire a criminal defense lawyer has not planned the process out in advance. The hiring of a criminal defense lawyer most often must be done on short notice by you, a friend or family member. Great care should be taken in making that decision and selection.

The best sources of information for hiring a criminal defense lawyer often come from recommendations of other lawyers that you may know who do not practice criminal law. Members of the legal community generally know who are the most effective criminal defense lawyers and they can provide recommendations for the better criminal defense attorneys.

Or you may know someone who has used a criminal defense lawyer previously and can ask that person if they were satisfied with the services provided by their lawyer.

Another way to determine the best criminal defense lawyers is to refer to outside rating services. Martindale-Hubbell is a company that rates lawyers based upon reviews from other members of the legal profession. You may also refer to AVVO, which is another lawyer rating service, and their ratings of attorneys can be found on-line by searching by locale and specialties. AVVO assigns attorneys numerical ratings based upon many different criteria. There are other lawyer-rating services, such as SuperLawyers, which also can be searched on-line, which also rates and identifies the top 5% of lawyers by individual specialties.

Once you have narrowed your search down to one or more possible attorneys, it is wise to both check out their website for further details and contact him or her by phone with preliminary questions about hiring that particular attorney. One should not hesitate to ask important questions as to how the case will be defended, what the attorney fees will be, etc.

The decision to hire a criminal defense attorney will be one of the more important decisions one makes in a lifetime, no matter what type or size of case it may be. Like any other profession or occupation, there are outstanding criminal defense lawyers and then there is everyone else. Your goal should be to hire the best and most effective attorney for your particular criminal case.